KAMIL Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the material available on record. This is second bail application made on behalf of accused -applicant (Kamil). His first bail application has already been rejected on merit by this Court, vide order dated 27.4.2012 with a direction as under:

(2.) THE ground taken up in this second bail application is that the trial court has failed to conclude the trial within four months as directed by this Court on 27.4.2012, hence the applicant deserves bail.

(3.) FURTHER , learned counsel for the defence did not cross -examine the witnesses examined by the prosecution. A number of adjournments were moved by the applicant on one pretext or the other including the non -availability and unwillingness of the learned defence counsel. At occasions, more than once, learned trial court has been pleased to observe in the order -sheet that defence is adopting delaying tactics and delaying the trial. The defence tried to delay the trial by not cross -examining the prosecution witnesses P.W. 3 and P.W. 4 and ultimately their opportunity of cross -examination was closed by the trial court. Doctor and Inspector were examined as prosecution witnesses and thereafter an application under Section 311. Cr.P.C. to recall P.W. 3 and P.W. 4 for cross -examination was made by accused and in the boarder interest of justice and with a view to shorten the languity of the trial learned trial court allowed the said application and prosecution witnesses P.W. 3 and P.W. 4 were again summoned, therefore, it is not on account of the laxity on the part of the prosecution or the trial court that the trial could not be concluded within the stipulated period, noted above. Hence, accused -applicant cannot be given the benefit of his own follies.